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PROCUREMENT OF INFORMATION IN THE PRELIMINARY POLICE INVESTIGATION (FROM ORGANIZED CRIME - CONFERENCE PROCEEDINGS - WEST GERMANY, 1974 - SEE NCJ-32125)

NCJ Number
32135
Author(s)
G FOLGER
Date Published
1975
Length
7 pages
Annotation
IN WEST GERMANY, THE PRELIMINARY POLICE INVESTIGATION IS WHAT LEADS TO INITIATING AN OFFICIAL INVESTIGATION, AND IT ALSO CONTINUES AFTER THE ARREST, CONSTITUTING THE PART OF THE INVESTIGATION OF WHICH THE ACCUSED IS NOT AWARE.
Abstract
MANY POLICEMEN THINK THE PRELIMINARY POLICE INVESTIGATION IS CONDUCTED IN THE CONSPIRATORIAL MANNER OF A COVERT INTELLIGNECE SERVICE OPERATION, PRYING AROUND AND SPYING UPON A CITIZEN'S PRIVATE LIFE. THIS IS NOT NECESSARILY SO. IT MORE OFTEN INVOLVES THE EXCHANGING OF OFFICIAL INFORMATION, POLICE SURVEILLANCE, TECHNICAL STUDIES, THE STATEMENTS OF WITNESSES TO BE TREATED CONFIDENTIALLY, AND FINALLY, EVERYTHING COLLECTED BY THE POLICE IN ORDER TO BE ABLE TO MOVE FROM A REASONABLE CONJECTURE TO SUSPICION AND ON TO PROOF OF GUILT, AND TO BE ABLE TO CONFRONT THE ACCUSED WITH THE ASSEMBLED MATERIAL AT THE PROPER TIME. THE PRELIMINARY POLICE INVESTIGATION CAN INCLUDE PENETRATION OF AN ORGANIZED CRIMINAL GROUP BY A CLEVER OPERATOR WHO MAY SPEND MONTHS, OR EVEN YEARS, ACCUMULATING INFORMATION AS AN APPARENT BONA FIDE MEMBER OF THE GROUP. ELECTRONIC SURVEILLANCE AT TELEPHONE CONVERSATIONS CAN ALSO BE USED SUCCESSFULLY IN THE PRELIMINARY POLICE INVESTIGATION. --IN GERMAN